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CONTINENTAL INS. CO. v. POLISH S.S. CO.

Docket No. 02-9002.

346 F.3d 281 (2003)

CONTINENTAL INSURANCE COMPANY, also known as Tradearbed, Inc. and Tradearbed Canada, Plaintiff-Appellant, v. POLISH STEAMSHIP COMPANY, Defendant-Third-Party Plaintiff-Appellee, M/V "ZIEMIA SUWALSKA", her engines, boilers, etc., Polsteam USA Inc., and John Doe "A" Through "Z", Defendants-Appellees, Trans Sea Transport N.V., Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 8, 2003.

Attorney(s) appearing for the Case

Lawrence C. Glynn, Nicoletti, Hornig, Campise, Sweeney & Paige, New York, NY, for Plaintiff-Appellant.

Garth S. Wolfson, Mahoney & Keane, LLP, New York, NY, for Defendant-Third-Party Plaintiff-Appellee.

Patrick F. Lennon, Tisdale & Lennon, LLC, New York, NY, for Third-Party Defendant-Appellee.

Before: MINER, CALABRESI, and STRAUB, Circuit Judges.

CALABRESI, Circuit Judge.

This action arises out of loss or damage to a cargo of steel coils that allegedly occurred during ocean transit. The only question raised on appeal is whether or not the associated bills of lading1 effectively incorporated the arbitration clause in the alleged charter party between Polish Steamship Company ("PSC") and Trans Sea Transport N.V. ("TST"). We agree with the district court that the charter party was...

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